Regulation 8 Circumstances in which a charge is not payable or is to be refunded

(1)

No penalty charge is payable in relation to a contravention where the conduct in respect of which the penalty charge is imposed is the subject of—

(a)

criminal proceedings,

(b)

a fixed penalty notice (within the meaning of section 52(1) (fixed penalty notices) of the Road Traffic Offenders Act 1988), or

(c)

a penalty charge notice issued under section 66(1) (parking penalties in London) of the Road Traffic Act 1991^f1 (as applied by an order under paragraph 1 or 2 of schedule 3 of that Act).

(2)

Where, despite paragraph (1)—

(a)

a penalty charge is paid in respect of a contravention, and

(b)

the conduct in respect of which the penalty charge is imposed is the subject of proceedings or a notice as mentioned in paragraph (1)(a) to (c),

the local authority must, as soon as reasonably practicable after the circumstances in sub-paragraph (b) come to its notice, refund the amount of the penalty charge which has been paid.

Annotations

Footnotes

f1: 1991 c. 40. Section 66 was repealed in relation to England and Wales by paragraph 1 of schedule 12 of the Traffic Management Act 2004 (c. 18).